Case: Disability Rights Washington v. Sound Mental Health

2:17-cv-00741 | U.S. District Court for the Western District of Washington

Filed Date: May 11, 2017

Closed Date: March 19, 2018

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy’s records access authority. On May 11, 2017, Disability Rights Washington filed this lawsuit in the U.S. District Court for the Western District of Washington. Disability Rights Washington filed this lawsuit against Sound Mental Health (Sound), a licensed behavioral health provider in King County, Washington. Disability Rights Washington alleged that Sound violated the Protection and Advocacy for Individuals with Mental Illness Act, Developmental D…

This is a case about a protection and advocacy’s records access authority. On May 11, 2017, Disability Rights Washington filed this lawsuit in the U.S. District Court for the Western District of Washington. Disability Rights Washington filed this lawsuit against Sound Mental Health (Sound), a licensed behavioral health provider in King County, Washington. Disability Rights Washington alleged that Sound violated the Protection and Advocacy for Individuals with Mental Illness Act, Developmental Disabilities Assistance and Bill of Rights Act, and Protection and Advocacy for Individual Rights Act (P&A Acts) when they denied them records requested pursuant to a P&A Acts investigation. Judge John. C Coughenour presided over this matter. 

This lawsuit began after Disability Rights Washington received a call from a parent about the behavioral health services their child received through Sound Behavioral Health. Disability Rights Washington sat on an Implementation Advisory Team for a settlement in a different case that set requirements for youth behavioral health services providers like Sound Mental Health. Subsequently, when Disability Rights Washington requested relevant records from Sound, they charged copying fees that Disability Rights Washington deemed unreasonable. Disability Rights Washington was then denied access to view the records in-person at Sound’s office. Subsequently, Disability Rights Washington filed this litigation seeking injunctive and declaratory relief.

On March 28, 2018, the parties reached a private settlement agreement. On March 29, 2018, the court terminated this case, and the case is now closed. 

Summary Authors

NDRN (4/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13560349/parties/disability-rights-washington-v-sound-mental-health/


Judge(s)

Coughenour, John C. (Washington)

Attorney for Plaintiff

Apshaga, Meghan (Washington)

Carlson, David R (Washington)

Attorney for Defendant

Lantz, Benjamin J (Washington)

Lynch, Holly Elizabeth (Washington)

show all people

Documents in the Clearinghouse

Document
1

2:17-cv-00741

Complaint for Injunctive and Declaratory Relief

May 11, 2017

May 11, 2017

Complaint
22

2:17-cv-00741

Notice of Settlement

March 28, 2018

March 28, 2018

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13560349/disability-rights-washington-v-sound-mental-health/

Last updated Sept. 25, 2025, 3:30 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against All Defendants (Receipt # 0981-4873245), filed by Disability Rights Washington.(Carlson, David) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

Clearinghouse
2

CIVIL COVER SHEET ; filed by Plaintiff Disability Rights Washington. (Carlson, David) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
3

PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiff Disability Rights Washington (Carlson, David) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
4

PRAECIPE TO ISSUE SUMMONS by Plaintiff Disability Rights Washington (Carlson, David) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER

Notice-Other

May 12, 2017

May 12, 2017

PACER

Corporate Disclosure Statement - Notice of Deadlines

May 12, 2017

May 12, 2017

PACER

Add and Terminate Judges

May 12, 2017

May 12, 2017

PACER

Notice-Other

May 12, 2017

May 12, 2017

PACER

NOTICE to Filer: ATTACHMENTS FILED SEPARATELY: In the future, please remember, the Civil Cover Sheet, the Summons(es) (if applicable) and the Report Regarding Trademarks and Patents (if applicable) MUST be attachments to your initiating document. Thank you.(DJ)

May 12, 2017

May 12, 2017

PACER

U.S. District Judge John C. Coughenour added. (DJ)

May 12, 2017

May 12, 2017

PACER

NOTICE: Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) Disability Rights Washington must file a Corporate Disclosure Statement by 5/19/2017. (DJ)

May 12, 2017

May 12, 2017

PACER

NOTICE to Filer: SUMMONS FORMS INCOMPLETE: ATTORNEY ADDRESS BLOCK LEFT BLANK/DEFENDANT ADDRESS BLOCK LEFT BLANK: Summons(es) will not be issued because there is no address listed in the block for counsel and the block for defendant's name and address is blank. The block for defendant's must contain at a minimum the defendant's name. Please re-post your corrected Summons(es) using the event Praecipe For a Summons found under Other Documents. All Summons(es) should be posted under this one event. Thank you.(DJ)

May 12, 2017

May 12, 2017

PACER
5

PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiff Disability Rights Washington (Carlson, David) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
6

PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiff Disability Rights Washington (Carlson, David) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
7

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Disability Rights Washington (Carlson, David) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
8

Summons issued (2) electronically as to defendant Sound Mental Health. (Attachments: # 1 Summons: Laurie Pettit) (PM) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
9

NOTICE of Appearance by attorney Meghan Apshaga on behalf of Plaintiff Disability Rights Washington. (Apshaga, Meghan) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
10

NOTICE of Appearance by attorney Luke M Rona on behalf of Defendants Laurie Pettit, Sound Mental Health. (Rona, Luke) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
11

NOTICE of Appearance by attorney David B Robbins on behalf of Defendants Laurie Pettit, Sound Mental Health. (Robbins, David) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
12

AFFIDAVIT of Service of Summons and Complaint on Patrick Evans for Sound Mental Health on 5/19/2017, filed by Plaintiff Disability Rights Washington. (Apshaga, Meghan) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
13

ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (PP) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
14

MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case; 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc.; 3. The status of discovery and a time schedule for its completion; 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule; 5. An estimate of the number of days needed for trial; 6. Whether the case is jury or non-jury; 7. The date by which the case will be ready for trial; 8. Settlement probabilities; and 9. Whether the parties consent to proceed to trial before an assigned magistrate judge pursuant to 28 U.S.C. 636(c). If counsel's office is outside of the Greater Metropolitan Seattle area, arrangements may be made to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at Paul_Pierson@wawd.uscourts.gov at least TEN (10) days prior to the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk, as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. A Status Conference is set for 8/15/2017 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
15

ANSWER to 1 Complaint by Laurie Pettit, Sound Mental Health.(Rona, Luke) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
16

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Sound Mental Health (Rona, Luke) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
17

NOTICE of Appearance by attorney Holly Elizabeth Lynch on behalf of Defendants Laurie Pettit, Sound Mental Health. (Lynch, Holly) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER

Notice of Rescheduled Hearing

July 19, 2017

July 19, 2017

PACER
18

NOTICE OF RESCHEDULED STATUS CONFERENCE. The Court, on its own motion, hereby orders the Status Conference RESET from 8/15/2017 to 11/7/2017 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(PP) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
19

MINUTE ENTRY re: STATUS CONFERENCE held before United States District Judge John C. Coughenour; Courtroom Deputy Clerk Paul Pierson; Court Reporter Debbie Zurn; Plaintiff(s) Counsel David Carlson & Meghan Apshaga; Defendant(s) Counsel Holly Lynch & Luke Rona. The case was called and counsel made their appearance. The Court inquires of counsel concerning their desired trial date and time estimate for trial. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Counsel are advised that this case is one of several cases set for the week described below. Counsel shall be prepared to commence trial as scheduled, but understand that the trial may have to be continued. Counsel are directed to contact the Courtroom Deputy Clerk at paul_pierson@wawd.uscourts.gov 2-4 weeks in advance of the trial date regarding the Court`s trial calendar. Case management dates are established as follows: Trial Estimate Unknown for a COURT TRIAL set on 7/16/2018 at 9:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. Proposed Pretrial Order is due by 7/6/2018. Pleading amendment/3rd pty action is/are due by 3/2/2018. Trial briefs shall be submitted by 7/12/2018. Discovery cutoff is 120 days before trial. Dispositive motion filing deadline is 90 days before trial.Counsel shall attend Courtroom Technology Training at least 1 month in advance of the trial date in order to become familiar utilizing the new A/V equipment now available in the courtroom. Training is held at 3:00 p.m. on the 1st and 3rd Wednesday of each month in Courtroom 18B. (PP) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
20

NOTICE of Association of Attorney by Benjamin J Lantz on behalf of Defendants Laurie Pettit, Sound Mental Health. (Lantz, Benjamin) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
21

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney David B Robbins and Luke M Rona for Defendants Laurie Pettit, Sound Mental Health. (Rona, Luke) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
22

NOTICE of Settlement by Defendants Laurie Pettit, Sound Mental Health (Lantz, Benjamin) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

Clearinghouse

***Civil Case Terminated*** (PP)

March 29, 2018

March 29, 2018

PACER

Terminate Civil Case

March 29, 2018

March 29, 2018

PACER
23

NOTICE of Voluntary Dismissal of case by Plaintiff Disability Rights Washington (Apshaga, Meghan) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER

Case Details

State / Territory: Washington

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 11, 2017

Closing Date: March 19, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protection and advocacy organization

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sound Mental Health, Non-profit or advocacy

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing